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Free Guide to Hiring a Family Lawyer
Child visitation, known in Canadian law as parenting time or contact, refers to the right of a parent or guardian to spend time with their child after a separation or divorce. In New Westminster, as part of British Columbia, child visitation arrangements are guided by both the federal Divorce Act and the provincial Family Law Act. The primary focus is always the best interests of the child, ensuring the child maintains a meaningful relationship with both parents, unless there are safety or other serious concerns.
Legal assistance can be crucial in child visitation cases for several reasons. If you and the other parent cannot agree on a visitation schedule, a lawyer can help negotiate and formalize an agreement. You may need legal help if you are facing denied or restricted access to your child, concerned about your child’s safety during visits, dealing with complex situations involving relocation or allegations of abuse, or if you need to enforce or modify an existing court order. A lawyer ensures your rights and your child’s interests are fairly represented in any negotiation or court process.
Child visitation in New Westminster is governed by both the Divorce Act and the Family Law Act of British Columbia. Key aspects include:
Custody refers to decision-making responsibilities for the child, while visitation (parenting time or contact) refers to when a parent or another person spends time with the child.
The court will always put the child’s best interests first. This includes considering the child’s safety, physical and emotional well-being, and the relationships the child has with both parents.
Only a court can deny or limit visitation through an order. A parent cannot unilaterally deny visitation unless there is a serious and immediate safety concern, and even in such cases, court intervention is usually necessary.
If your visitation order is not being followed, you can file a court application to enforce the order. Legal advice may help you understand your options.
Yes, supervised visitation may be ordered when there are concerns about the child’s safety or well-being, such as allegations of abuse or substance misuse.
You must show that there has been a significant change in circumstances. You can ask the other parent to agree or apply to the court to have the order or agreement reviewed and revised.
Yes, under the Family Law Act, non-parents such as grandparents can apply for contact with the child, and the court will decide based on the child’s best interests.
Relocation can significantly affect visitation. The moving parent usually must provide notice, and the other parent can object, resulting in a court hearing to determine what is best for the child.
Depending on the child’s age and maturity, their views can be considered by the court. However, the ultimate decision always focuses on the child’s best interests.
Not always. If you and the other parent agree on arrangements, you may not need a court order. However, formalizing an agreement with the court makes it legally enforceable.
If you require more information or need assistance, you can contact:
If you need help with child visitation in New Westminster, start by gathering any documents related to your situation, such as existing agreements, court orders, or communication records with the other parent. Consider speaking with a family law lawyer who can review your case and explain your rights and options. If cost is a concern, explore legal aid or mediation services. Acting quickly is important, especially if there are urgent issues affecting your child’s safety or well-being. Remember, every situation is unique, so professional legal guidance is always recommended for the best possible outcome for you and your child.
